[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Proposed Rules]
[Pages 21187-21191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10516]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 938
[PA-137-FOR]
Pennsylvania Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of a proposed amendment to the
Pennsylvania regulatory program (the ``Pennsylvania program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the
Act). Pennsylvania proposes revisions to rules for the licensing of
blasters and for the use and handling of explosives. Pennsylvania
intends to revise its program to be consistent with the corresponding
Federal regulations and SMCRA, clarify ambiguities, and provide
additional safeguards.
This document gives the times and locations that the Pennsylvania
program and proposed amendments to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., e.d.t., May 30, 2002. If requested, we will hold a public hearing
on the amendment on May 27, 2002. We will accept requests to speak at a
hearing until 4:00 p.m., e.s.t. on May 15, 2002.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Robert McKenzie, Acting Director,
Harrisburg Field Office at the address listed below.
You may review copies of the Pennsylvania program, this amendment,
a listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Harrisburg Field Office.
Robert McKenzie, Acting Director, Harrisburg Field Office, Office of
Surface Mining Reclamation and Enforcement, Harrisburg Transportation
Center, Third Floor, Suite 3C, 4th and Market Streets, Harrisburg,
Pennsylvania 17101, Telephone: (717) 782-4036, Email: [email protected].
J. Scott Roberts, Director, Bureau of Mining and Reclamation,
Pennsylvania Department of Environmental Protection, Rachel Carson
State Office Building, P.O. Box 8461, Harrisburg, Pennsylvania 17105-
8461, Telephone: (717) 787-5103.
FOR FURTHER INFORMATION CONTACT: Robert McKenzie, Telephone: (717) 782-
4036. Email: [email protected]
SUPPLEMENTARY INFORMATION:
I.Background on the Pennsylvania Program
II.Description of the Proposed Amendment
III.Public Comment Procedures
IV.Procedural Determinations
I. Background on the Pennsylvania Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program
[[Page 21188]]
includes, among other things, ``a State law which provides for the
regulation of surface coal mining and reclamation operations in
accordance with the requirements of the Act* * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Pennsylvania program on July 30, 1982. You can find background
information on the Pennsylvania program, including the Secretary's
findings, the disposition of comments, and conditions of approval of
the Pennsylvania program in the July 30, 1982, Federal Register (47 FR
33050). You can also find later actions concerning Pennsylvania program
and program amendments at 30 CFR 938.11, 938.12, 938.15 and 938.16.
II. Description of the Proposed Amendment
By letter dated March 1, 2002, Pennsylvania sent us a proposed
amendment to its program (administrative record No. PA 878.02) under
SMCRA (30 U.S.C. 1201 et seq.). Pennsylvania sent the amendment to
include the changes made at its own initiative. The full text of the
program amendment is available for you to read at the locations listed
above under ADDRESSES.
The provisions of State rules that Pennsylvania proposes to revise
and/or add are:
Title 25, Part I, Subpart D, Article IV, Chapter 210, Blasters' License
Sections 210.1-210.6 are reserved. These sections have either been
eliminated or their content moved to other sections.
Section 210.11, Definitions. This is a new section that contains
definitions of the terms, ``Blaster,'' ``Blaster learner,'' ``Blaster's
license,'' ``Demolition and demolition blasting,'' and ``Person.'' The
definition of ``blaster learner,'' was formerly at section 210.6.
Section 210.13, General. This section consolidates requirements for
possessing and exhibiting a blaster's license that were formerly found
in sections 210.5(a), 210.2(e), and 210.4.
Section 210.14, Eligibility requirements. This section provides the
requirements a person must possess to be eligible for a blaster's
license. It also provides circumstances under which Pennsylvania will
not issue or renew a license. This section consolidates requirements
formerly found under sections 210.2(a), 210.2(d), and 210.3(a).
Section 210.15, License application. This section describes the
forms for the license application and the specific information to be
supplied with the application. This section consolidates information
formerly found in sections 210.1(d) and 210.1(e).
Section 210.16, Examinations. This section provides that
Pennsylvania will conduct examinations for specific types of blasting,
and also provides information concerning the application fee. This
section consolidates information formerly found in sections 210.1(a),
210.1(b), and 210.2(g).
Section 210.17, Issuance and renewal of licenses. This section
provides the circumstances under which a blaster's license is issued,
when a blaster's license may be amended, the duration of the license,
circumstances under which a license may be renewed, and information
regarding a demolition blaster's license. This section consolidates
information formerly found in sections 210.2(b), 210.2(c), 210.2(d),
and 210.3(a). Section 210.17(d) is a new section that adds a continuing
education requirement to renew a blaster's license. Section 210.17(g)
is also a new requirement that provides for obtaining a demolition
blasting license. In section 210.17(e) the term of the blaster's
license has been changed from one year to three years and the fee for a
license renewal changed from $3.50 to $30.00.
Section 210.18, Recognition of out-of-State blaster's license. This
is a new section that provides the conditions under which Pennsylvania
may license a blaster holding a license from another State and the
procedures for out-of-State blasters to secure a license in
Pennsylvania.
Section 210.19, Suspension, modification and revocation. This
section provides the circumstances and procedures under which
Pennsylvania may suspend, modify, or revoke a blaster's license. This
section provides requirements formerly found in section 210.2(f).
Sections Proposed To Be Eliminated
The following sections were proposed to be eliminated from Chapter
210: Sections 210.1(c); 210.1(f); 210.2(h); and 210.5(d) and (e).
Title 25, Part I, Subpart D, Article IV, Chapter 211, Storage, Handling
and Use of Explosives
Subchapter A. General Provisions
Sections 211.1, 211.2, 211.31-211.44, 211.51-211.56, 211.61,
211.62, 211.71- 211.76, and 211.81-211.88 have been reserved.
Section 211.101, Definitions. This is a new section that contains
definitions for the terms, ``Airblast,'' ``Blast area,'' ``Blast
site,'' ``Blaster,'' ``Blaster-in-charge,'' ``Blasting activity,''
``Building,'' ``Charge weight,'' ``Delay interval,'' ``Detonator,''
``Explosive,'' ``Flyrock,'' ``Magazine,'' ``Misfire,'' ``Particle
velocity,'' ``Peak particle velocity,'' ``Person,'' ``Primer,''
``Purchase,'' ``Sale or sell,'' ``Scaled distance (Ds),'' ``Stemming,''
``Structure,'' and ``Utility lines.'' These definitions were formerly
found in section 211.2 except for the definition of ``Blaster-in-
charge'' which was formerly in section 210.6.
Pennsylvania is proposing to eliminate the following terms and
their definitions that were formerly located in section 211.2:
``Establishment,'' ``Explosive Plant,'' ``Factory Building,''
``Railroad,'' ``Highway,'' ``Barricade,'' ``Department,'' ``Board,''
``Secretary,'' ``Approved,'' ``Vehicle,'' and ``Actual Distance.''
Section 211.102, Scope. This section defines who and what
activities the chapter applies to. Subsection (a) was formerly found in
section 210.5(c).
Section 211.103, Enforcement. This section defines the
circumstances under which Pennsylvania may issue orders to either
implement this chapter or to suspend, modify or revoke a license or
permit. This section was formerly found in section 211.36.
Subchapter B. Storage and Classification of Explosives
Section 211.111, Scope. This section indicates that the subchapter
applies to the classification and storage of explosives and establishes
the requirements for licensing, constructing, siting and maintaining
magazines.
Section 211.112, Magazine license and fees. This section defines
the procedures for licensing magazines for storage of explosives and
also includes the applicable fees. This section is a compilation of
requirements formerly found in sections 211.31 and 211.32.
Section 211.113, Application contents. This section describes the
information to be included on an application to obtain, renew, modify
or transfer a magazine license. These requirements were formerly found
in section 211.34.
Section 211.114, Displaying the license. This section requires a
license to be conspicuously displayed inside the magazine, if possible,
or at the site and adjacent to the magazine for which it applies. This
requirement was formerly found in section 211.114.
Section 211.115, Standards for classifying and storing explosives
and constructing, maintaining and siting magazines. This section
provides that the provisions of 27 CFR part 55, subpart K (relating to
storage) are
[[Page 21189]]
incorporated in this section by reference. These provisions are used to
locate magazines on a site and to determine the type of explosives that
can be stored there. This section is a compilation of requirements
formerly found in sections 211.32, 211.33, 211.35, 211.43, and 211.61.
Subchapter C. Permits
Section 211.121, General Requirements. This section lists the
requirements for obtaining a permit for blasting and the purchase or
sale of explosives. This section is a compilation of requirements
formerly found in section 211.36.
Section 211.122, Permits to sell explosives. This section
identifies the requirements to be met when applying for a permit to
sell explosives. This section is a compilation of requirements formerly
found in section 211.36.
Section 211.123, Permits to purchase explosives. This section
identifies the requirements to be met when applying for a permit to
purchase explosives. This section is a compilation of requirements
formerly found in section 211.36.
Section 211.124, Blasting activity permits. This section identifies
the requirements to be met when applying for a permit to conduct
blasting activities.
Section 211.125, Blasting activity permit-by-rule. This section
defines the conditions under which a person shall be deemed to have a
permit for a blasting activity.
Subchapter D. Records of Disposition of Explosives
Section 211.131, Sales Records. This section provides that sellers
shall keep accurate records of every sale of explosives for three
years. It also specifies the information needed to be kept during that
three year period. The requirements of this section were formerly found
at section 211.36.
Section 211.132, Purchase Records. This section provides that
purchasers shall keep accurate records of every purchase of explosives
for three years. It also specifies the information needed to be kept
during that three year period. The requirements of this section were
formerly found at section 211.36.
Section 211.133, Blast reports. This section specifies the
information that a blaster-in-charge is to provide Pennsylvania in a
blast report. It also requires that blast reports be kept a minimum of
three years. The requirements of this section were formerly found at
section 211.46.
Subchapter E. Transportation of Explosives
Section 211.141, General requirements. This section provides the
requirements a blasting activity, purchase or sale permittee must
comply with when transporting explosives including unloading and
loading of explosives. The requirements of this section were formerly
found at sections 211.38 and 211.42.
Subchapter F. Blasting Activities
Section 211.151, Prevention of damage. This is a new section that
identifies the types of prohibited blasting damage and requires
notification of damage to the Department of Environmental Protection.
It also provides technical specifications for designing blasts.
Section 211.152, Control of noxious gases. This is a new section
that requires blasts to be conducted so that the gases generated by the
blast do not affect the health and safety of individuals. It also
provides guidelines for preventing the effects from gases.
Section 211.153, General requirements for handling explosives. This
section provides a list of rules necessary for safely handling
explosives. The requirements of this section were formerly found at
section 211.51.
Section 211.154, Preparing the blast. This section provides a
listing of the duties of the blaster-in-charge when preparing a blast.
The requirements of this section were formerly found at sections 210.5,
210.6, 211.51, and 211.65.
Section 211.155, Preblast measures. This section provides the
duties a blaster-in-charge must complete prior to detonating a blast.
The requirements of this section were formerly found at section 211.51.
Section 211.156, Detonating the blast. This section provides that
only a blaster-in-charge may detonate a blast and that a blast may be
detonated only between sunrise and sunset unless the Department of
Environmental Protection authorizes a blast at another time of day. The
requirements of this section were formerly found at section 211.51.
Section 211.157, Postblast measures. This section provides the
procedures the blaster-in-charge must follow after a blast has been
detonated. The requirements of this section were formerly found at
sections 211.51 and 211.65.
Section 211.158, Mudcapping. This section provides that mudcapping
is allowed only if the blaster-in-charge determines that drilling the
material to be blasted would endanger the safety of the workers. If
mudcapping is necessary, no more than 10 pounds of explosives shall be
used for a blast. The requirements of this section were formerly found
at section 211.51.
Section 211.159, Electric detonation. This section describes the
measures to be taken to test electric blasting caps and the safety
precautions to be taken when using these blasting caps. The
requirements of this section were formerly found at section 211.51.
Section 211.160, Nonelectric detonation. This section provides that
nonelectric initiation systems must be checked and tested for secure
connections in accordance with recommendations of the manufacturer of
the system in use.
Section 211.161, Detonating cords. This section provides safety
precautions to be followed when using detonating cords. The
requirements of this section were formerly found at section 211.51.
Section 211.162, Safety fuse. This section provides safety
precautions to be followed when using a safety fuse in blasting. The
requirements of this section were formerly found at section 211.51.
Subchapter G. Requirements for Monitoring
Section 211.171, General provisions for monitoring. This section
provides conditions for when and under what circumstances airblast and
ground monitoring are to be employed. The requirements of this section
were formerly found at section 211.45.
Section 211.172, Monitoring instruments. This section provides the
specifications monitoring equipment for recording ground vibration must
possess. It also provides for calibration standards for such equipment.
The requirements of this section were formerly found at section 211.44.
Section 211.173, Monitoring records. This section provides that
anyone using a monitoring instrument must be trained in its use. A
record of the training is to be maintained and available for review by
the Department of Environmental Protection. This section further
provides the information that monitoring records must contain.
Subchapter H. Blasting Activities Near Utility Lines
Section 211.181, Scope. This section provides that this subchapter
applies to buried or underground utility lines and utility lines making
contact with the surface of the ground. The requirements of this
section were formerly found at section 211.52.
[[Page 21190]]
Section 211.182, General provisions. This section provides the
specifications on the design of blasts near utility lines and
specifications on how blasts in the vicinity of a utility line are to
be conducted. The requirements of this section were formerly found at
section 211.52
Sections Proposed To Be Eliminated
The following sections were proposed to be eliminated from Chapter
211: Section 211.1; 211.36(10); 211.37; 211.51(5), (8), (12), (18),
(21), (27), (32), (33), (39), and (40); 211.61(3) and (5); 211.62-
211.64; 211.71-211.78; and Appendix A.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Written Comments
Send your written comments or electronic comments to OSM at the
address given above. Your written comments should be specific, pertain
only to the issues proposed in this rulemaking, and include
explanations in support of your recommendations. We will not consider
or respond to your comments when developing the final rule if they are
received after the close of the comment period (see DATES). We will
make every attempt to log all comments into the administrative record,
but comments delivered to an address other than the Harrisburg Field
Office may not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: SPATS No. PA-137-FOR'' and your name and return address
in your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Harrisburg Field
Office at (717) 782-4036.
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on
May 15, 2002. If you are disabled and need special accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
[[Page 21191]]
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal, which is the subject of this rule, is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. In making the determination as to whether this rule would
have a significant economic impact, the Department relied upon the data
and assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C.804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local governmental agencies or
geographic regions; and (c) Does not have significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 8, 2002.
Vann Weaver,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 02-10516 Filed 4-29-02; 8:45 am]
BILLING CODE 4310-05-P